EAT Constructive Dismissal
The Employment Tribunal had erred in its construction of the Respondent’s ‘Conduct Policy and Procedure’ (‘the policy’), which was agreed to be part of the Appellant’s contractual terms and conditions. Suspension is a serious matter (see Crawford and Anr v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 at paragraph 71) and the Employment Tribunal had erred by concluding that the suspension was lawful because the manager suspending the Appellant had power to do so without considering the argument that he might have been disqualified from doing so by his previous involvement in matters of controversy as between the Appellant and the Respondent. The Employment Tribunal also erred as a matter of construction in concluding that the word ‘should’ in paragraph 17,5 of the policy was permissive and not mandatory as to the discussion of redeployment. The appeal was allowed and the matter remitted to the same Employment Tribunal.
Hand QC HHJ
[2016] UKEAT 0127 – 15 – 0501
Bailii
England and Wales
Employment
Updated: 12 January 2022; Ref: scu.560974